WASHINGTON, DC – The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) released FAQs today on three different topics. The FAQs are another step in the Department's efforts to increase the transparency and effectiveness of compliance assistance to help contractors meet their responsibilities for equal employment opportunity. 

Topics covered by the FAQs include validation of tests used by contractors when selecting workers for employment, OFCCP's use of "practical significance" during compliance evaluations, and how contractors can determine whether to include project-based or freelance workers in their affirmative action programs (AAPs) and employment activity data submitted to OFCCP.

"The Department of Labor is committed to providing helpful compliance assistance to federal contractors that will assist these companies in meeting their obligations to America's workers," said Acting Secretary of Labor Patrick Pizzella.

The FAQs on employment testing serve as a reminder for contractors to validate selection procedures used in the selection process if they find disparate impact, following the Uniform Guidelines on Employee Selection Procedure (UGESP). The FAQs on "practical significance" provide clarity for contractors on understanding how OFCCP determines where to apply investigative resources. The FAQs on project-based workers provide information on how to determine whether a worker doing business on a project or freelance basis is an independent contractor or an employee and whether they need to be included in AAPs.

"OFCCP is pleased to participate in the Department-wide focus on compliance assistance through these FAQs, which helps ensure federal contractor compliance with equal employment opportunity requirements," said OFCCP Director Craig E. Leen.  

OFCCP is a civil rights agency in the U.S. Department of Labor. It enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Collectively, these laws prohibit federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. Additionally, contractors must act affirmatively to ensure equal employment opportunity in their employment processes, and they must not discriminate against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations, have inquired about, discussed or disclosed their compensation or that of others, subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

WASHINGTON, DC - The U.S. Department of Labor announced today that it has issued a new opinion letter that addresses obtaining assistance and working collaboratively with the Office of Federal Contract Compliance Programs (OFCCP) when developing pay analysis groups for conducting compensation analyses.

An opinion letter is an official, written opinion by the Department's OFCCP on how Agency guidance and regulations apply in specific circumstances presented by the individual person or entity that requested the letter.

The opinion letter issued today is OFCCP 2019-02 on Pay Analysis Groups. The new opinion letter follows OFCCP's Directive 2018-05, which provides guidance as to how a company would formulate similarly situated employee groups, generally referred to as pay analysis groups or "PAGs" by the Agency, in order to systemically assess a contractor's pay system for potential discrimination. The opinion letter discusses how contractors can provide proposed PAGs to the Agency in advance, and receive helpful feedback from the Agency as to those PAGs.

"The U.S. Department of Labor believes opinion letters are an important way to provide guidance in response to specific inquiries, that can provide useful information to workers and the regulated community," said Acting Secretary of Labor Patrick Pizzella.  "This guidance will benefit both workers and contractors as it will help contractors to correctly analyze their pay systems."

"This opinion letter summarizes how OFCCP analyzes a contractor's compensation system and further informs contractors that the agency is available to provide direct feedback as part of its compliance assistance role in how a contractor groups employees to analyze their pay," said OFCCP Director Craig E. Leen.

The Department encourages the public to submit requests for opinion letters to OFCCP to obtain an opinion or to determine whether existing guidance already addresses their questions. OFCCP exercises its discretion in determining whether and how it will respond to each request.

OFCCP promotes diversity and enforces the law. OFCCP holds those who do business with the federal government (contractors and subcontractors) responsible for complying with the legal requirement to take affirmative action and not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discharging or otherwise discriminating against applicants or employees who inquire about, discuss or disclose their compensation or that of others, subject to certain limitations.

WASHINGTON, DC – The U.S. Department of Labor has announced it will establish the Excellence in Disability Inclusion (EDI) Awards for federal contractors that demonstrate excellence in including people with disabilities in their workforces. The EDI awards program is sponsored jointly by the Department’s Office of Federal Contract Compliance Programs (OFCCP) and Office of Disability Employment Policy (ODEP).

American employers have the responsibility to treat all qualified job applicants and employees equally and fairly, regardless of disability. Federal law requires federal contractors to take proactive steps to recruit, hire, retain, and promote qualified people with disabilities.

“Disability inclusion is a commonsense business practice for federal contractors,” said Office of Federal Contract Compliance Programs Director Craig E. Leen. “EDI serves as an opportunity to recognize those job creators who understand that hiring Americans with disabilities is an important part of compliance and makes business sense.”

“When it comes to advancing disability inclusion, we should look to the leaders, the companies that make inclusion a core part of their organizational culture and align it with their goals and brand,” said Deputy Assistant Secretary of the Office of Disability Employment Policy, Jennifer Sheehy. “These companies should be recognized and emulated, and these new awards will help facilitate both.”

The EDI Awards will comprise two levels of recognition. Up to four (two large and two small) federal contractors will receive a “Gold Award” and three-year moratorium on OFCCP compliance evaluations. These awardees will also participate in a post-award “Year of Engagement” program to help educate other federal contractors on best practices for disability inclusion. Up to 20 additional federal contractors will receive recognition as “Pacesetters.”

For more information about the EDI Awards, including eligibility criteria, see dol.gov/ediaward.

RIVERSIDE, CA – The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has reached a settlement with Universal Protection Service LP – a federal contractor – to resolve allegations of pay discrimination at the company's Riverside, California, facility formerly owned and operated by Allied Barton Security Services.

During a routine compliance evaluation, OFCCP found discriminatory job placement and pay practices by Allied Barton Security Services – from January 1, 2014 through December 31, 2015 – which adversely affected African American employees in its site supervisor positions. Under the terms of the agreement, Universal Protection Service LP agreed to pay $51,351 to 14 class members. OFCCP determined the company's practices violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, national origin, or gender.

"Federal contractors must ensure that their employment practices do not discriminate," said Regional Director Jane Suhr, in San Francisco.

Universal Protection Service holds numerous security and technology-based contracts with federal government agencies, departments, and institutions.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

SEATTLE, WA – The U.S. Department of Labor has entered into a conciliation agreement with Universal Protection Service LP – a federal contractor – to resolve allegations of systemic hiring discrimination at the company's Seattle, Washington, facility formerly owned and operated by Northwest Protective Services Inc.

A routine compliance evaluation by the Department's Office of Federal Contract Compliance Programs (OFCCP) found that - from September 19, 2014 to June 28, 2017 - Northwest Protective Services Inc. discriminated against 398 African American applicants for security positions in the Seattle area. OFCCP determined that the company's hiring practices violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity, or national origin.

In its conciliation agreement with OFCCP, Universal Protection Service LP will pay $175,000 to eligible class members. Additionally, the company will make 25 job offers to original applicants, as security positions become available. The company will also review and revise its selection process and provide training to hiring managers to prevent instances of discrimination and to meet legal requirements.

"Federal contractors and subcontractors must ensure that their employment policies and practices provide equal employment opportunity regardless of race," said Regional Director Jane Suhr, in San Francisco. "The U.S. Department of Labor remains committed to holding companies with federal contracts accountable for ensuring equal employment opportunity at their facilities."

Universal Protection Service LP holds numerous security and technology-based contracts with federal government agencies, departments, and institutions.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others, subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

If you think you may be one of the applicants eligible for back pay or job opportunities from this settlement, or may know someone who is, please visit the OFCCP Class Member Locator at: https://www.dol.gov/ofccp/CML. There you will find information about this and other OFCCP settlements.

WHITAKERS, NC – After a routine compliance evaluation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP), Consolidated Diesel Inc. – a federal contractor and subsidiary of Cummins Inc. – has agreed to pay $50,000 in back wages for alleged pay discrimination against African-American managers at the diesel engine manufacturing facility in Whitakers, North Carolina.

OFCCP alleged that – since at least 2013 – the company paid 11 African-American managers less than white managers in similar roles. Although the company did not admit liability, it will take steps to ensure its pay practices meet the legal requirements.

"Federal contractors and subcontractors must comply with all federal anti-discrimination laws," said OFCCP Southeast Regional Director Samuel Maiden.

Consolidated Diesel Inc. produces diesel engines, engine fuel systems, and engine components.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

DALLAS, TX -  After a routine compliance evaluation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP), Ben E. Keith Company (BEK) – operating as Fort Worth/Waco Beer & Fleet Main and Ben E. Keith Dallas Fort Worth Foods (BEK Foods) – has agreed to pay $350,000 in back pay and interest to resolve alleged hiring discrimination at its two Fort Worth, Texas, facilities.   

OFCCP alleged that, beginning in 2012, BEK violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, or national origin. Specifically, the company favored white and male applicants for store stocker part-time positions and favored Hispanic applicants for driver, route sales and warehouse trainee positions.

BEK has agreed to pay the back wages and interest, as well as extend job opportunities to 66 affected class members. To ensure future compliance, the company will also take steps to ensure its personnel practices, including record-keeping and internal auditing procedures, meet legal requirements.

"OFCCP is committed to resolving federal contractors' discrimination issues," said Office of Federal Contract Compliance Programs Regional Director Melissa Speer. "The outcome of this matter ensures that measures are in place to comply with federal hiring and employment law."

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

ATLANTA, GA - The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) and Veterans' Employment and Training Service (VETS) are collaborating with the Georgia Department of Labor, the Atlanta VA Health Care System, and the Goodwill Career Center to host a veteran's education and outreach event on Wednesday, June 26, 2019, in Atlanta, Georgia. The event is titled, "From Deployment to Employment: Hire a Veteran Career and Resource Linkage."

The event serves as an opportunity for qualified veterans, veterans with disabilities, and military spouses to connect with federal contractors offering employment. The event will also assist federal contractors in meeting goals for hiring individuals with disabilities and veterans, and connect these companies with community-based organizations that provide training and rehabilitation services to veterans with disabilities.

"Working with our partners, 'From Deployment to Employment' is an important part of our mission to show that veterans with disabilities and their spouses have a place in America's workforce," said Office of Federal Contract Compliance Programs Southeast Regional Director Samuel Maiden. "By connecting federal contractors with qualified candidates and enlisting community-based organizations to provide training and rehabilitation services, we can reap the benefits of more inclusive workplaces."

WHAT: Outreach Event Titled, "From Deployment to Employment: Hire a Veteran Career and Resource Linkage"

WHERE: Goodwill Career Center
3337 Buford Highway North
Atlanta, GA 30329

WHEN: Wednesday, June 26, 2019, 9:30 a.m. to 1:30 p.m.

OFCCP staff will be onsite to review best practices in outreach and discuss promoting greater compliance with focused reviews of federal contractors that employ individuals with disabilities.

Attendance and booth participation is free, but space is limited. Please RSVP by June 14, 2019. Online registration is available for job seekers, community-based organizations, and contractors with employment opportunities. For more information or questions about the event, contact Toni Banks at 404-893-4557 or banks.antoinette@dol.gov, or Felipe Serrano at 404-895-4562 or serannojr.felipe@dol.gov.

KANSAS CITY, MO – The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has reached a settlement with Pacific Architects and Engineers – based in Arlington, Virginia – requiring the company to pay $21,507 in back pay and interest after an investigation found the company discriminated against a hearing impaired employee at its Lee's Summit, Missouri facility.

OFCCP's complaint investigation found the individual was unable to start a clerk's position from his date of hire in January 2018 until October 2018, because the employer failed to provide an American Sign Language (ASL) Interpreter to assist the employee with training.

"This settlement demonstrates the U.S. Department of Labor's commitment to combatting discrimination against individuals with disabilities." said OFCCP Acting Regional Director for the Midwest Carmen Navarro. "Employers engaged in federal contracting must commit to equal employment opportunity, and the high workplace standards it entails."

Pacific Architects and Engineers also agreed to review reasonable accommodation practices and make adjustments as necessary. Other non-monetary forms of relief contained in the settlement include monitoring and evaluating their reasonable accommodation policies and practices and reasonable accommodation training going forward.

Pacific Architects and Engineers is a defense and government services contractor that maintains government financial systems and safeguards government information systems for multiple federal government customers.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

ATLANTA, GA - The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) and the Center for the Visually Impaired in Atlanta, Georgia, will host an education and outreach event to assist federal contractors in recruiting people with disabilities into the workplace and protecting those in the workforce from discrimination.

Topics will include OFCCP focused reviews of contractor compliance with Section 503 of the Rehabilitation Act; services offered by the Center for the Visually Impaired; and services offered by the Georgia Division of Vocational Rehabilitation.

WHAT: OFCCP Education and Outreach Event
Assist Federal Contractors Recruit People with Disabilities into Workplace and Protect
Employees from Discrimination

WHEN: Wednesday, March 20, 2019
10:00 a.m. to Noon EDT

WHERE: Center for the Visually Impaired
739 W. Peachtree Street NW
Atlanta, Georgia 30308

"In support of advancing employment opportunity for individuals who are blind or visually impaired, this education and outreach event gives federal contractors the opportunity to learn about the services offered by the Center for the Visually Impaired and the Georgia Division of Vocational Rehabilitation," said OFCCP Southeast Regional Director Samuel Maiden.

OFCCP staff also will be onsite to discuss best practices to bolster effective outreach as well as OFCCP's upcoming focused reviews designed to ensure contractor compliance with Section 503.

Attendance is free, but space is limited. Please RSVP by March 13, 2019. Members of the public wishing to RSVP or with questions about the event should call Toni Banks or John Palmer at the Office of Federal Contract Compliance Programs at 404-893-4557 or email them at Banks.antoinette@dol.gov and palmer.john@dol.gov.